Post navigation

BAC Levels in Mass. DUI Hardship License Appeals

In an effort to increase Massachusetts DUI conviction rates, Melanie’s Law imposes stiff license suspensions for those who refuse to submit to a breathalyzer, after being arrested for operating under the influence of alcohol. DUI First offenders who refuse receive 6 month suspensions, the Registry will suspend DUI 2nd offenders and those under 21 for 3 years, and the Mass. RMV will suspend DUI 3rd offenders for 5 years, in addition to any license suspension associated with an underlying DUI conviction. In Massachusetts DUI 4th offenders who refuse the breathalyzer are revoked for life with no possibility of getting a hardship license.

Refusing the breathalyzer is a double-edged sword. A refusal denies the Commonwealth key evidence, the DUI defendant’s blood alcohol reading. Massachusetts DUI lawyers can often use this lack of evidence to get a not guilty or dismissal of the drunk driving charges. On the other hand, a Massachusetts Chemical Test Refusal will result in the above-listed license suspensions.

Massachusetts drivers should know that a high blood alcohol reading can have other consequences, in addition to increasing the chances of being convicted of driving under the influence. Blood Alcohol Content or (BAC) is contained in police reports and electronically transmitted to the Mass RMV through the Draeger Alcotest Breathalyzers which all Massachusetts Police Departments use. These readings come up in Hardship License hearings before the Board of Appeal of the Division of Insurance and they can make getting a work or hardship license more difficult. Drivers who have taken the breathalyzer and registered “high” readings should be mindful of this and be able to explain, to the Board of Appeal, a high breath or blood alcohol reading. Many hardship license applicants who come before the Board without lawyers are surprised when the Registry informs the Board of the driver’s BAC.

It doesn’t take much alcohol to be over the legal limit of .08 in Massachusetts. Many DUI clients were surprised at their alcohol readings, having only consumed what they believed to be a small or moderate amount of alcohol.

Mass. RMV Lawyers is not a government agency or affiliated with the Massachusetts Registry of Motor Vehicles or any DMV. You can reach the suspension section of the Mass. RMV at 857-368-8200 and you can reach the Mass. Board of Appeal at 617-521-7794.

This web site presents general information about Massachusetts RMV Lawyers and it is not intended as legal advice and it should not be considered or relied upon as such. Contacting Mass. RMV Lawyers by email or telephone will not establish an attorney-client relationship, which can only be established through mutual agreement and with written communication of the legal fee and terms of representation. Absent current confirmation of engagement, any information or documents transmitted by you to us will not be treated as confidential, secret, or protected in any way. The contents of this web site is considered attorney advertising and Attorney Brian E. Simoneau is responsible for its content. Mass. RMV Lawyers is not a state agency or affiliated with the Registry of Motor Vehicles. We are private practice attorneys who assist clients with Massachusetts License Reinstatement and Hardship License cases. If you are attempting to reach the Massachusetts Registry of Motor Vehicles Driver Control Unit (Suspension Department), you can call the RMV at 857-368-8200. You can reach the Board of Appeal of the Massachusetts Division of Insurance at (617) 521-7794.